THE BOMBAY LABOUR WELFARE FUND
ACT 1953
An Act to provide
for the constitution of a fund for the financing of activities to promote
welfare of labour in the state of Maharashtra. This Act constitutes a board called Maharashtra Labour Welfare Board which looks after the duties assigned to it in relation to Labour Welfare Fund i.e. LWF
APPLICABILITY:
·
It is
applicable to the whole of Maharashtra
·
It is
applicable to a factory, tramway or motor transport service or establishment
under Maharashtra Shops Act, employing five or more workmen located in such
area to which the Act is made applicable by the notification of the Government
·
Even though
the number of employees falls below five, the establishment is remain covered
under the Act
·
Every employee, including employee through contractor, but not a
managerial capacity or supervisor capacity drawing more than 3500/- pm.
SECTION 3: WELFARE BOARD
·
Labour
Welfare Board consist of:
(a)
Fines from
employees
(b)
Unpaid
accumulations
(bb)
Penal
Interests
(bbb)
Contribution
paid under Section 6BB
(c)
any donation
(d)
any fund
transferred under Section 7
(e)
any sum
borrowed under Section 8
(f)
any loan,
grant in aid, subsidy by the State Government
UNPAID ACCUMULATION
·
If an Employee's wage is unpaid due to any reason
and such amount is not claimed by such employee or any of his Legal Heir (in
case of his death) within the period of three years from the date on which it became due then employer
needs to deposit such unpaid accumulations to the Maharashtra Labour Welfare
Board as mentioned in Section 2(10) read with Section 3(1) & Section 6A of
the Bombay Labour Welfare Funds Act, 1953
·
In this regard, the liability in respect of
aforesaid accumulation shall be deposited to the Maharashtra Labour Welfare
Board in Cheque / Demand Draft along with the statement of unpaid accumulations
in the below format (payment due to the employees but not made to them within a
period of three year from the date on which they became due):
·
If there is no unpaid accumulation as defined
under Section 2(10), no such amount is required to be deposited and therefore
no relevant statement of unclaimed accumulation is required to be submitted to
the Board
CONTRIBUTION
1.
By employer,
employees and State Government
2.
Payable
every six months in respect of every employee and employees at the following
rates
·
In respect
of employee whose name stands on the register of the establishmen as on 30th
June, 1993 and on every 31st
December and 30th June
i)
Employees
drawing wages upto and inclusive of Rs 3000 - Rs 6000
ii)
Employees
drawing wages exceeding Rs 3000 - Rs 12000
·
In respect
of employer for employees referred above, thrice the amount payable by them
Employer
to pay contribution before 15th day of July and 15th day
of January to the Board by cheque, money order or in cash
PENALTY
1.
Person
willfully obstructing an inspecor from discharging his duty or exercising his
power under the Act and failed to produce records or other documents on demand
is punishable for :
·
1st
Offence , imprisonment for a term which may extend to 3 months or fine upto Rs
500or both
·
for
subsequent offence imprisonment for a term which may extend to 6 months or fine
upto Rs 1000 or both
